Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

The State appeals a judgment of acquittal that dismisses, with prejudice, the case against Marc Norfleet. The State argues that the trial court erred when it failed to comply with the State’s request to hold an in camera inspection under ...

“Because appeals are from that preliminary determination, and New Hope never received one, it had no basis in the regulation for requesting an appeals conference. Furthermore, the notification of its appeals rights set forth in IRS Publication 5 is sent ...

Joseph Newton appeals a judgment convicting him of second-degree reckless endangerment and fleeing an officer, both as a habitual criminal. Newton also appeals the denial of his postconviction motions. Newton argues that his trial counsel was ineffective for failing to ...

“Although Supreme Court case law issued during the pendency of an appeal may provide inmates and their counsel with a powerful new ground for relief that they may wish they had presented to the district court, an appellate court is ...

Thomas A. Lee appeals from a judgment entered on a jury verdict convicting him of battery. He claims that the trial court erroneously exercised its discretion in admitting under the excited-utterance exception to the rule against hearsay the victim’s out-of-court ...

“[I]t was Warda who asked the district court to vacate his original sentence pursuant to section 2255. He sought that relief on the premise that he had been induced to accept the 1996 addendum to his plea agreement by his ...

Gerald C. McConnell appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI). McConnell argues that the State’s simultaneous prosecution of him for both OWI and operating a motor vehicle with a prohibited alcohol concentration (PAC), ...

“It is the enforcement of the customs laws combined with the mandate of protecting the borders of the United States that permits the extension of the search rights of border authorities to allow non-routine searches in areas near our nation’s ...

Kurt G. Culver appeals from a judgment of conviction for possession with intent to deliver marijuana (500 grams or less) and an order denying his motion for postconviction relief. Culver argues that he received ineffective assistance of counsel when his ...

Allan Lloyd Waldo appeals from a judgment and an order committing him to the custody of the Department of Health and Social Services (DHSS) for treatment until he is no longer a sexually violent person. Waldo argues that the Wis. ...

Jade Lamont Cosby, pro se, appeals from a judgment of conviction, entered after his probation was revoked, for the delivery of a controlled substance-cocaine. He also appeals from an order denying his postconviction motion for resentencing. Cosby claims that: (1) ...

“Even in cases where the causal link between an attorney’s negligence and a client’s erroneous imprisonment is most obvious (such as where the attorney fails to bring a clearly meritorious motion to suppress evidence that establishes guilt, which the state ...

Levi Booth appeals from a judgment of conviction entered after a jury found him guilty of one count of first-degree reckless homicide and two counts of first-degree recklessly endangering safety, all as party to the crimes. He also appeals from ...

“[T]o meet his prima facie case, Brummett must demonstrate that he met the Herald’s good-driving requirements at the time of his termination. The Herald requires that all salespeople, regardless of race, have a valid driver’s license and a favorable driving ...

Although the State argues that defendant had forfeited his right to conduct by his uncooperative behavior, we disagree. “[T]here is no suggestion in the record that Coleman discharged his attorney for the purpose of delaying the proceedings. Further, even if ...

Jessie L. Jollie appeals from a judgment entered after a jury found him guilty of battery. He also appeals from an order denying his postconviction motion. Jollie argues that the trial court erroneously advised him regarding the substance of the ...

“[T]he Board reasonably found that the company’s proffered reason for disciplining Lee – that he violated the no-solicitation policy by the conversation with Walsh on the factory floor – was pretextual. The ALJ noted that Lee could not be disciplined ...

“This is patently absurd with no basis in the law of extradition or Wis. Stat. § 301.21.” Order denying the petitions for habeas corpus is affirmed. Recommended for publication in the official reports. Dist II, Winnebago County, Key, J., Brown, ...

Johnny M. McAdoo appeals from a judgment entered after a jury found him guilty of endangering safety by use of a dangerous weapon, possession of a firearm by a felon, and bail jumping, contrary to Wis. Stat. §§ 941.20(1)(c), 941.29(2) ...

“Arnstein & Lehr contends that the turnover order is final and appealable under sec.1291 as a ‘collateral order’; it does not contend that this order is appealable as an interlocutory injunction under 28 U.S.C. sec.1292 or that any other statute ...

G-Store, Inc. appeals from an order affirming an administrative decision of the Wisconsin Department of Commerce. The issues concern the Department’s order requiring G-Store to remove underground gasoline tanks on its property and to assess the site for environmental contamination. ...

Ronald C. Smith appeals from a judgment entered after the trial court found him guilty of one count of exposing his genitals to a child. Smith claims that the evidence was insufficient to sustain the conviction. Because the record contains ...

“Here, LFG’s application for membership in the NFA included ‘an express agreement by the Applicant that, if admitted to NFA membership, the Applicant shall become and remain bound by all NFA requirements as then and thereafter in effect.’ See NFA ...

Petersen Supply, LLC appeals from a summary judgment dismissing its Wisconsin Fair Dealership Law (WFDL) claim against Wisconsin Gas Company. Because we agree with the circuit court that there were no material facts indicating that Petersen was a dealer of ...

Michael Hartmann appeals a judgment of conviction and an order denying postconviction relief. The issues are whether the evidence was sufficient to support the conviction and whether the court erred in sentencing him. We affirm. This opinion will not be ...

“[W]hat we have is a battle of inferences and, although it is close, we do not believe that the district judge erred by inferring that Scott coerced Jones. First, Scott told Chance what he intended to do in the library; ...

Clinton Duhm appeals the circuit court’s denial of his motion to reopen three default judgments related to two traffic violations and a separate citation for underage drinking. He contends the circuit court erred because it applied the wrong legal standard ...

We reject William J. Gruber’s request that he be granted a new trial because the jury was not given the opportunity to consider important evidence that bore on an important issue. Gruber’s contention that he was convicted with the use ...

“The transactions between Jones and Thomas that occurred prior to July 26 do not themselves demonstrate the existence of a collaborative relationship between them. We know that (1) in late May, Thomas flagged Jones down as she and the others ...

Ronald A. Schaefer appeals from a judgment dismissing his action against Mark T. Ulinski and Schaefer Motor Sales, Inc., alleging illegal, oppressive and fraudulent corporate acts and the misapplication of corporate opportunities and assets. This case was tried to the ...